Posted on April 03, 2017 in Criminal Law

The Illinois legislature is considering two bills that would raise the dollar amount that triggers felony theft charges. The proposals would raise the felony minimum from items valued at $500 to $2,000 or $2,500, depending on the bill.

Supporters of the Bills

Supporters of the bill argue that the $500 threshold amount is too low. For example, stealing an iPhone could be considered a felony theft charge. The threshold amount should be raised to keep up with the rising cost of consumer goods.

Supporters point out that 29 states set the felony theft minimum at least twice as high. For example, Wisconsin and Texas law provides that theft of an item valued below $2,500 is a misdemeanor.

A Pew Charitable Trust study found that the minimum amount has no overall impact on crime rates. The study looked at 28 states that raised the threshold amount between 2001 and 2011. The study also concluded that states that increased the minimum felony amount reported about the same decrease in crime as the states that left their theft laws the same.

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 Posted on March 28, 2017 in Drug Charges

If you have been charged with a crime that is related to a drug or alcohol addiction, you have options beyond serving jail time. Depending on the circumstances of your case, drug court may be a suitable choice for you.

Drug Court Basics

Drug court provides a tool for people suffering from addiction who have been accused of nonviolent crimes. Upon successful completion of the program, the participant will not have to serve jail time.

Following application, which includes a substance abuse assessment, an accepted participant will undergo counseling, drug screens, treatment, and rehabilitation. The participant will also be subject to regular court monitoring.

Who Qualifies for Drug Court?

Drug court is often a good choice for people facing jail time, which is usually the case for those accused of a second or third offense or a serious first offense.

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 Posted on March 21, 2017 in Criminal Law

Criminal conspiracy is a serious crime, and it is a crime that may be easy to commit under Illinois law. A person accused of criminal conspiracy does not need to take any action in order to be found guilty.

Conspiracy is often charged in drug dealing cases. However, a person could be accused of a conspiracy to commit any crime from insurance fraud to first-degree murder.

Conspiracy Defined

Illinois law states that conspiracy is committed when:

• A person agrees with another to commit an offense;
• A person has the intent that the offense be committed; and
• It is proven that an act in furtherance of the agreement has been committed by someone in the conspiracy.

Thus, conspiracy requires an overt action in furtherance of the conspiracy. It is not enough for two people to hatch a plan to commit a crime. If this were the case, there may be free speech violations because the government cannot stop people from speaking in this way. This is where the third requirement comes into play. The law requires that in order for someone to be found guilty of conspiracy one person in the conspiracy must take an act in furtherance of the conspiracy.

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 Posted on March 13, 2017 in Criminal Law

Most criminal cases never go to a trial by jury. Even though it is your constitutional right to have a trial decided by a group of your peers, most individuals who are accused of a crime take a plea deal.

There are several reasons why a plea deal is appealing to defendants:

1. The outcome is more predictable. If you go to trial, you could be found not guilty or guilty of several crimes. With a plea, you know exactly what your conviction will be.

2. Plea deals are quick. If you are not out on bond and get credit for time served, your sentence may not be that much longer than the amount of time you have been in jail.

3. Plea deals keep others out of your case. Going to trial means a lot of information will be made public. It also means that the accused’s family and associates may be called to testify. 

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 Posted on March 07, 2017 in Traffic Law

A common way for police to begin a conversation with a suspect is by asking if the suspect knows he or she did something wrong. While some people might think that this is just an officer’s way of breaking the ice, it could be that the police officer is trying to get you to make an inculpatory statement about a traffic violation or a more serious crime.

An inculpatory statement is a statement that acknowledges that a person did something illegal. For example, an officer could be trying to get you to admit to speeding or running a red light.

In this situation, people think that if they admit to something then the officer will let them go. This rarely happens.

Your Answer to the Question

In some cases, it may be prudent to say that you know why you were pulled over. However, in general, most Illinois criminal defense attorneys would suggest to not admitting to any wrongdoing. If you do, it is essentially giving evidence to prosecutors.

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 Posted on February 20, 2017 in Traffic Law

Thrill seekers and lead foot drivers beware: Excessive speeding can land you in jail. Under Illinois law, if you are going at least 26 miles per hour over the posted speed limit, you could face jail time.

The excessive speeding laws in Illinois provide:

• Going more than 26-35 mph over the speed limit is a Class B misdemeanor. A Class B misdemeanor is punishable by 180 days in jail and/or up to a $1,500 fine.
• Going more than 35 mph over the speed limit is a Class A misdemeanor. A Class A misdemeanor is punishable by up to 365 days in jail and/or up to a $2,500 fine.

The laws on this issue were updated in 2014, so if you have received a speeding ticket beforehand, different rules may apply.

No Supervision Available for Excessive Speeding

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 Posted on February 14, 2017 in Criminal Law

When arrested and put in jail, one primary concern is how to get out of confinement. For most crimes, a court will release an accused if bail is posted. By requiring an accused to post bail, defendants are more likely to continue to show up for court dates. If a defendant does not appear in court, however, the bail amount is considered forfeited and the accused will return to jail. Consider the following information regarding bail in Illinois.

1. Not All Crimes Are Eligible for Bail

Under Illinois law, a judge cannot set bail in certain cases including:

• Offenses punishable by death or life in prison, until a hearing can be held and the accused can demonstrate that “the proof of his [or her] guilt is not evident”;
• Stalking or aggravated stalking; or

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 Posted on February 06, 2017 in Theft

When people hear the term “shoplifting,” they typically think of someone taking an item for sale in a store without paying for it. This is the classic form of shoplifting. However, Illinois law defines many other acts as shoplifting.

Other acts that are considered shoplifting in Illinois include the following:

1. Changing the sale price or removing tags;
2. Under-ringing merchandise. This could come up in a self-checkout situation or be done by an employee;
3. Removing the store’s shopping cart from the premises;
4. Returning stolen merchandise for cash, exchange, or store credit;
5. Using or possessing a theft detection shielding device; or
6. Failing to return an item that has been rented.

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 Posted on February 01, 2017 in Criminal Law

Illinois recently enacted a law that sets new standards for courts accepting guilty pleas. The new law attempts to better inform a defendant about the ramifications of the plea when it is given. 

Under the new law, a defendant must be told by the court:

• The maximum and minimum sentence and penalty under the law;
• The possibility of consecutive sentences, if applicable;
• The possibility of an increased sentence for future or prior convictions, if applicable;
• The registration requirements and restrictions that come with the plea, if applicable; and
• The plea’s effect on an accused’s ability to:

• Apply for housing;

• Get a job;

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 Posted on January 23, 2017 in DUI

Getting pulled over on suspicion of driving under the influence means that a police officer will take every opportunity he or she has to determine if you are driving drunk. From the moment an officer spots your vehicle, he or she will be gathering evidence that may be used to prove in court that you were driving under the influence. 

One way officers will attempt to determine your level of intoxication is through field sobriety tests. There are three types of field sobriety tests:

1. Walk-and-Turn Test. In this test, officers have drivers walk heel to toe in a straight line and then have them pivot around asking them to walk in the other direction. An officer may also ask you to count your steps as you take them.
2. One Legged Stand Test. An officer will ask a driver to stand on one leg with the other leg outstretched in front of the body. The driver will be required to hold this position without swaying or moving arms for balance.

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